Bicycle Accident Claims

Bicycle accident claims are a challenging reality for many riders across New Mexico. Whether commuting through the city or exploring scenic trails, cyclists face significant risks when sharing the road with motor vehicles. After a bicycle accident, knowing your legal options and the process to file a claim is crucial to recovering the compensation you need. At Parnall Law, we are committed to supporting you every step of the way and working tirelessly to secure the justice you deserve.

What to Do After a Bicycle Accident?

A bicycle accident can be overwhelming, but taking the right steps immediately can protect both your health and your ability to pursue a claim. Here’s what we recommend:

1. Seek Medical Attention

   Even if your injuries seem minor, it’s essential to get checked out by a healthcare professional. Some injuries, like concussions or internal bleeding, may not be immediately apparent. Additionally, medical documentation will serve as critical evidence in your claim.

2. Call the Police

   Reporting the accident to local authorities is vital, as the police report can provide a neutral and detailed account of the incident. If you’re in New Mexico, officers will document the accident scene, the parties involved, and any potential witnesses.

3. Gather Evidence

   If possible, collect photos of the accident scene, your bicycle, your injuries, and any damaged vehicles. Also, the contact information of the driver involved, witnesses, and their insurance provider must be obtained.

4. Do Not Admit Fault

   Be cautious when speaking to others at the scene or insurance adjusters. Anything you say could be used to minimize your claim. Instead, wait to discuss the specifics with your lawyer.

Taking these steps ensures you have a strong foundation for your bicycle accident claim.

Typical Bicycle Accidents

Bicycle accidents happen in a variety of ways, but some scenarios are more common than others. Here are a few examples of accidents we frequently see in New Mexico:

• Driver Failing to Yield

One of the leading causes of bicycle accidents is when a driver fails to yield the right of way. This often happens at intersections or crosswalks, where a motorist may not recognize a cyclist as having the same rights to the road. A driver who speeds through a stop sign makes a sudden turn without checking for oncoming cyclists, or disregards traffic signals puts cyclists in serious danger. In these cases, motorists are generally held responsible for their failure to respect traffic laws and the rights of cyclists.

• “Dooring” Accidents

“Dooring” accidents occur when a driver or passenger in a parked vehicle opens a door into the path of a cyclist. For someone riding close to the curb or parked cars, there may be little or no time to react, often resulting in high-impact collisions. Injuries in dooring accidents are typically severe and can include broken bones, head trauma, and significant abrasions. This preventable scenario highlights the need for drivers and passengers to check for approaching cyclists before opening their doors.

• Distracted Driving

Distracted driving continues to be a major hazard for cyclists. Drivers who are texting, talking on the phone, eating, or engaging in other distractions are more likely to miss seeing cyclists on the road. The problem is even worse at night or in areas without designated bike lanes, where cyclists can be harder to spot. A distracted driver’s momentary lapse in attention can lead to devastating consequences for a cyclist.

• Poor Road Conditions

Hazards like potholes, loose gravel, or debris are common causes of bicycle accidents, as cyclists depend on smooth roads for safe riding. When roadways are poorly maintained, crashes can occur, and municipalities responsible for repairs may be held liable. According to the National Highway Traffic Safety Administration (NHTSA), over 850 cyclists died in accidents in 2021, with most incidents happening in urban areas. While cyclists can’t always avoid these risks, staying alert to road conditions can improve safety.

As noted by the National Highway Traffic Safety Administration (NHTSA), more than 850 cyclists were killed in accidents in the U.S. in 2021, with most incidents occurring in urban areas. Understanding the most common types of accidents can help riders stay vigilant and protect themselves on the road.

How to File a Bicycle Accident Claim?

Filing a bicycle accident claim involves several key steps that can be complex without legal guidance. Here’s a simplified breakdown of what you need to do:

1. Consult an Experienced Attorney

   Working with an experienced personal injury lawyer is critical to navigating the legal process. Your attorney will evaluate your case, identify liable parties, and ensure all paperwork is submitted accurately and on time.

2. File a Claim with the Insurance Company

   Once fault is determined, you can file a claim with the at-fault driver’s insurance company. Your lawyer will help you negotiate with adjusters to maximize your settlement.

3. Gather Evidence

   This step involves submitting all evidence, such as photos, medical bills, and police reports, to strengthen your claim. It’s essential to document the full extent of your injuries and financial losses.

4. Negotiate or Litigate

   Many bicycle accident claims are resolved through settlement negotiations. Nonetheless, if the insurance company refuses to offer a fair amount, your lawyer may advise taking the case to court.

How Long Do I Have to File a Claim?

In New Mexico, the statute of limitations for filing a bicycle accident claim is three years from the date of the accident. This means you must initiate legal action within this timeframe, or you risk losing your right to compensation.

However, it’s always best to start the claims process as soon as possible. Delays can result in lost evidence, faded witness memories, and difficulties in building a strong case. For accidents involving government entities (e.g., poor road maintenance), the timeline may be much shorter—sometimes just 90 days to file a notice of claim.

Understanding these deadlines is critical, and our legal team is here to ensure you don’t miss any opportunities to seek justice. As reported by the National Safety Council (NSC), cyclists account for a significant number of roadway injuries each year, underscoring the importance of holding negligent parties accountable.

Know Your Rights After a Bicycle Crash in New Mexico

At Parnall Law, we are dedicated to helping victims of bicycle accidents across New Mexico. If you or a loved one has been injured, don’t wait to take action. Call us today at (505) 268-6500 or contact us online for a free consultation. Let us fight for the compensation you deserve so you can focus on healing and moving forward.